Eureka daily sentinel. [volume] (Eureka, Nev.) 1871-1887, 1887-01-29
APPLICATION FOR PATENT.

APPLICATION FOR PATENT.
Where papers have once been filed with the
Register and Receiver they become o part OF
the record, and can neither be Withdrawn nor
returned, but must be transmitted to the Gen
ergl Land Once.
An application will be rejected when the
scription of the premises 10 erroneous or
sufficient.
Application for patent will DO rejected be-
cause:
First The notice was published without the
knowledge Of the Register.
Second-The notice WAS not published in q
new spnper designated rs published nearestth
claim.
Third-Record title was found defective,
and
Fourth--A previous application had been
made for the same premises, which was with.
drawn pending Q suit In Court commenced by
the adverse claimant.
when the survey does not accurately define the
boundaries OF the claim.
Where the claim was not located In accord
ance with law.
tinct portions Of q claim. application for
patent may be made by either for tn ct portion
OF the claim owned by him but where soYeral
parties own undivided interests In . mining
claim all should join In an application for q
patent.
A person or association may purchase ~
many placer locations a. the local Law admits,
and embrace them all In one application for .
patent.
Two or more lodes cannot be embraced In
one application for q patent except for placer
claims embracing two or more lodes within
their boundaries
Papers sworn to before any person purport.
ing to act as q deputy for the Register and Re-
ceiver cannot be recorded ss evidence.
In all patents for mining claims situated
within the interior boundaries of Q town site
| . clause is inserted excepting and excluding
all town property. rights upon the surface.
and all houses. buildings. structures. lots.
blocks, streets, alleys or other municipal I'm
provements not belonging to the grantee here
In, and all rights necessary or proper TO the
occupation, possession and enjoyment Of the
same"
Publication of notice must be made a only
one newspaper for the period Of 60 days.
Notice must be published 10 consecutive
weeks in weekly newspapers. aud In daily
newspapers co days must elspse between the
fret and last insertions.
Where the Register designstes the daily issue
Of 3 newspaper for publication Of notices Of q
mining application for patent II Is hot Q COM
pliance with law TO change TO the weekly edi.
ton of the same paper without authority Of
the Register.
The existence OF q salt spring on 9 tract Of
land withdrAws II from the operation VI the
homestead and presumption laws. A hearing
for the purpose Of proving the agricultural
character Of sueh land is not allowed. Land
containing valuable deposits Of slate may be-
entered under the mining Acts.
ADVERSE CLAIMS.
Adverse claim ants must file 9 separate and
distinct claim against each application which
1t 10 alleged conflicts with The premises owned
by such adverse claimant.
The papers In An adverse claim. once hled.
cannot be Withdrawn. but becomesa part of the
record.
When an adverse claim has been filed ii can.
not be smended 80 tn TO embrace q larger per.
ton OF the premise than that described In the
original adverse claim.
An adverse clsim must be made ont in
proper form and flied In the proper local OH CO
during the period OF public stion OF the sppli.
cation for tile patent to be effective.
1t is the duty Of the adverse claimant o
commence suit In proper form within the re.
CURED time, and IL he trusts the uncertain
medium OF the United States mail he must
abide the consequence. should the delay
ensne, through misfortune or accident. Should
the failure to suit be the result Of
the cor fupto or dishonest &c ton OF his attorney.
the Interior Department cannot redress the
wrong.
An adverse claimant should set forth IN do.
tail the facts upon which he bases hts adverse
claim. A statement In general terms, embody-
ing conclusions of law, without stating the
facts specially, will not be considered 10 evil
dence.
An adverse claimant should show q compli.
ance with the local laws In recording his claim
and In regard to expenditures. and shall nile a
copy OF the original notice OF his location, and
show the nature or extent OF the conflict
alleged.
An allegation of parties to 8 suit that they
compose the company 10 sufhcient, and they
are not required to prove that they are the
original ~locstors or the identical parties who
present the adverse claim.
AGRICULTURAL Or MINERAL LANDS.
Where land is OF little, II any value, for aprl.
cultural purposes, but 10 essential to the
proper development Of mining claims. n
should be disposed Of under the Mining Act.
Where lands containing valuable mineral
deposits have been Included In an agricultural
entry, said entry will be cancelled 1t any time
prior to issuance OF patent, upon satisfactory
evidence OF the existence of such valuable dc.
posts.
Where valuable deposits of mipers, ara a,..
covered upon . tract after the same ,ss been
entered az agricultural, but before / stent has
been Issued, the parties claiming the mine
may make application for patent for same,
and the agricultural entry will be Cancelled 10
that portion Of the land embraced bv said
mining claim.
Where mineral deposits are discovered on
agricultural lands sitter the patent has been
issued to an Agricultural claimant. they pass
with the patent.
Agricultural College scrip cannot be
ceived In payment for claims.
@
A foreigner may make q mining location
dispose OF It. provided he becomes a citizen
before disposing OF the mine. Proof that the
party was not Q citizen before disposinQ OF hts
claim must be afirmstively shown.
Locstors and intermediates owners. other
than applicants. will not be presumed aliens.
In the absence Of allegation or objection prior
to issuance Of patent.
The portion Of q mining. claim sold 10 an
alien cannot be patented while such owner N
an nlien; but on hts declarationS O become 4
citizen his right dates back to hts purchsse
aud he may th%ereupon secure United States
patent for his claim.
CROSS LKDoEs,
Revised Statutes. Section 1886:
Where two or more lodges cross or intersect
each other, priority Of title shall govern. ana
such prior location shall be entitled 10 ali ore
or mineral contained within the space of inter.
section. but the subsequent location shslIhSye
the right OF way through the space Of inter.
section Tor the purpose Of the convenient
working OF the mine. And where two or r,oye
veins unite the oldest or prior location shall
take the vein below the point OF union. Ia.
Guiding all the space Of Intersection.
TUNNELS.